Bank fell short in responding to customer in financial difficulties

Categories:
Hardship and financial difficulty,
Summary:
Summer had been in arrears on her home loan and three credit cards since 2022. She complained that the bank had failed to help her through her financial hardship. Specifically, she said the bank failed to act on her requests to change the loan to interest-only repayments and discouraged her from applying for a top-up to the loan so she could consolidate her credit card debts. She also said the bank’s failure to respond to correspondence resulted in the transfer of her accounts to the bank’s debt recovery team. More generally, the bank’s lack of communication and inaction had exacerbated her arrears, left her unable to qualify for hardship under the Credit Contracts and Consumer Finance Act 2003, resulted in extra interest charges, and caused her stress and inconvenience.
Published:
October 2024

Our investigation

We found the bank failed to respond to Summer’s signs of financial hardship in mid-2022 – a period coinciding with the COVID-19 pandemic and lockdownsand also that it failed to advise her, when told she wanted to switch to interest-only payments, that she had a right to seek this change on grounds of unforeseen hardship. The bank told us it did not have to respond to her request because she was not in arrearsat the time. We did not accept that argument. We expect banks to work with customers who say they will soon be in financial difficulty to try to come to a suitable arrangement. This applies regardless of whether a customer’s account is in arrears or not. We also found the bank fell short of its obligation to communicate promptly and clearly with Summer.

However, we had doubts about whether, given the opportunity, Summer would have made a request for hardship assistance – or that it would have been accepted. For one thing, she did subsequently make an application but then withdrew it. She also had longer-term problems with her business – a principal cause of her financial difficulties – whereas financial hardship assistance is only ever intended to offershort-term relief. In essence, we did not consider the bank’s failings had harmed her financially. We did, however, consider the bank’s poor communication and failure to at least consider her requests for help had caused her considerable stress and inconvenience.

Outcome

The bank offered $1,500 compensation for stress and inconvenience, an offer Summer accepted.

 

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